Scottish teachers hit out over new tests for alcohol and drug use

The NASUWT also suggested the policy could be used to target specific employees and make it easier to dismiss them.

The warning comes after councillors from North Lanarkshire voted to introduce drug and alcohol tests for all staff. West Lothian and East Dunbartonshire have similar policies.

The North Lanarkshire branch of the NASUWT expressed “serious reservations” about the move.

Eddie Carroll, branch secretary and the union’s Scottish president, said: “It is deeply concerning that, despite serious reservations expressed by trade unions and numerous professional bodies, a number of local authorities have pushed ahead with the adoption and implementation of alcohol and drugs testing policies.

“Councils have shown no research basis for the introduction of such policies and have failed to provide us with any justification.

“The policies produced by councils typically lack the detail required to inform and protect our members from possible punitive action and, at a time when council budgets are under severe financial pressure due to budget cuts, the cost of such tests is not justifiable.”

However, councils defended the testing regimes arguing it improved safety in the workplace and would allow them to support employees with drug and alcohol problems.

A spokesman for North Lanarkshire Council said: “We have a duty of care to ensure the health and wellbeing of all employees. By testing for the presence of alcohol and drugs, the potential health and safety risk to employees and the public will be reduced, it also contributes to improved staff health and wellbeing and will help to promote a safer working environment.

“The new policy is in the process of being implemented and it is expected that random screening will be applied to those employees working in a “safety critical” area. For other members of staff it will be introduced on a strict “with cause” basis.

“This could involve a manager being concerned that an employee was under the influence at work, or where an incident has taken place to cause concern.”

The spokesman said the policy would be reviewed annually and would promote awareness of the support available to staff with addiction problems.

A spokesman for West Lothian Council said a new policy to discourage the misuse of alcohol, drugs and other substances would be introduced from September.

This will include random drug and alcohol testing of staff in posts defined as “safety critical” and “with cause” testing for all other staff - prompted either by their behaviour or through whistle-blowing.

Lawrence Fitzpatrick, leader of the council said: “There is a case for re-focussing the council’s approach to strike a better balance between the disciplinary and legal implications of substance misuse and the supportive aspect of the policy.

“The revised policy will strike a more appropriate balance by setting out a robust zero tolerance approach to alcohol and drug misuse in the workplace, while acknowledging a duty of care towards employees who suffer from alcohol or drug addiction.”

Ann Davie, depute chief executive for education at East Dunbartonshire Council, said: “We do not do random testing but our policy includes “for cause” testing and applies to all employees, including teachers.”

A motion discussing NASUWT concerns about drug and alcohol testing will be discussed at its annual conference in Glasgow.

The motion calls for the union’s executive to lobby local authorities to ensure the adoption of such policies follows consultation with teaching unions to ensure scrutiny takes place so policies are “legal, fair and transparent” and do not disadvantage teachers.

Employers have a duty to protect the health and safety of their employees under the Health and Safety at Work Act, including ensuring employees are not under the influence of alcohol or drugs.

If an employer knowingly allows an employee to be in the workplace whilst under the influence of alcohol or drugs, they can be prosecuted.

The UK government and the Health and Safety Executive do not believe there is need for widespread drug and alcohol testing in the workplace, there are several industries where it is deemed essential, in particular safety critical areas, such as the Armed Forces, police, prison service, and public transport.

Outwith these areas the Government advises employers to limit testing to employees that need to be tested and not to single people out, unless it is justified by the nature of their jobs.

It says workers can’t be made to take a drugs test, but if they refuse when the employer has good grounds for testing, they may face disciplinary action.